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 Federal  Communications  Commission  DA  02-  839 
 Before  the  Federal  Communications  Commission 
 Washington,  DC  20554 


 In  the  Matter  of  )  ) 
 Request  for  Review  of  the  )  Decision  of  the  ) 
 Universal  Service  Administrator  by  )  ) 
 Bnois  Spinka  )  File  No.  SLD-  262914  Brooklyn,  New  York  ) 
 )  Federal-  State  Joint  Board  on  )  WC  Docket  No.  96-  45 
 Universal  Service  )  ) 
 Changes  to  the  Board  of  Directors  of  the  )  WC  Docket  No.  97-  21  National  Exchange  Carrier  Association,  Inc.  ) 


 ORDER 
 Adopted:  April  10,  2002  Released:  April  11,  2002 
 By  the  Telecommunications  Access  Policy  Division,  Wireline  Competition  Bureau: 
 1.  The  Telecommunications  Access  Policy  Division  has  under  consideration  a  Request  for  Review  filed  by  Bnois  Spinka,  Brooklyn,  New  York.  1  Subsequent  to  the  time  that 
 Bnois  Spinka  filed  its  request  with  the  Commission,  it  filed  a  request  for  review  with  the  Schools  and  Libraries  Division  (SLD)  of  the  Universal  Service  Administrative  Company 
 (Administrator).  2  For  the  reasons  set  forth  below,  we  dismiss  Bnois  Spinka’s  Request  for  Review  to  the  Commission  without  prejudice. 


 2.  The  Commission's  rules  regarding  appeals  of  SLD  decisions  do  not  contemplate  simultaneous  requests  to  the  Commission  and  the  Administrator.  3  In  this  case,  because  Bnois 
 Spinka  has  a  request  pending  before  the  Administrator,  we  dismiss  Bnois  Spinka’s  Request  for  Review  to  the  Commission  without  prejudice.  Once  the  Administrator  has  issued  its  decision  on 


 1  Letter  from  Gitty  Horowitz,  Bnois  Spinka,  to  Federal  Communications  Commission,  filed  January  24,  2002 
 (Request  for  Review). 
 2  Letter  from  Gitty  Horowitz,  Bnois  Spinka,  to  Schools  and  Libraries  Division,  Universal  Service  Administrative 
 Company,  filed  January  28,  2002  (Request  for  Administrator  Review). 
 3  47  C.  F.  R.  §  54.720  (allowing  appeals  to  either  the  Commission  or  the  Administrator,  but  tolling  the  filing  period 
 with  the  Commission,  when  an  applicant  has  an  appeal  pending  with  the  Administrator,  until  the  Administrator  issues  a  decision  on  the  appeal). 
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 Federal  Communications  Commission  DA  02-  839 
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 Bnois  Spinka’s  initial  request,  Bnois  Spinka  may  then  appeal  to  the  Commission  if  it  believes  such  appeal  is  warranted  at  that  time.  4 
 3.  ACCORDINGLY,  IT  IS  ORDERED,  pursuant  to  authority  delegated  under  sections  0.91,  0.291,  and  54.722(  a)  of  the  Commission's  rules,  47  C.  F.  R.  §§  0.91,  0.291,  and 
 54.722(  a),  that  the  Request  for  Review  filed  by  Bnois  Spinka,  Brooklyn,  New  York,  IS  DISMISSED  WITHOUT  PREJUDICE. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Mark  G.  Seifert,  Deputy  Chief  Telecommunications  Access  Policy  Division 
 Wireline  Competition  Bureau 


 4  See  47  C.  F.  R.  §§  54.  719  –  54.725  (setting  forth  rights  of  review,  filing  deadlines,  standards  of  review,  and  other 
 rules  pertaining  to  Commission  review  of  the  Administrator’s  decisions). 
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